CRL Act

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Government Gazette
REPUBLIC OF SOUTH AFRICA
Vol. 445 Cape Town 30 July 2002 No. 23676
THE PRESIDENCY
No. 1024 30 July 2002
It is hereby notified that the President has
assented to the following Act, which is
hereby published for general
information:–
No. 19 of 2002: Commission for the
Promotion and Protection of the
Rights of Cultural, Religious and
Linguistic Communities Act, 2002.
AIDS HELPLINE: 0800-123-22 Prevention is the cure
2 No. 23676 2002 JULGYO VER3N0M ENT GAZETTE.
Act No. 19,2002 COMMISSION FOR THE PROMOTION AND PROTECTION OF
THE RIGHTS OF CULTURAL, RELIGIOUS AND LINGUISTIC COMMUNITIES ACT, 2002
(English text signed by the President.)
(Assented to 24 July 2002.)
ACT
In giving effect to the provisions of the Constitution- * to provide for the compositioonf the Commissionf or the Promotion and
Protection of the Rights of Cultural, Religious and Linguistic Communities;
* to provide for additional functions of the Commission;
* to provide for the convening of a national consultative conference; * to provide for the establishment and recognitioonf community councils;
* to provide for matters connected therewith.
and
PREAMBLE
WHEREAS the South African nation consists of a diversity of cultural, religious and
linguistic communities;
AND WHEREAS past policies have bequeathed a legacy of division and inequality
between these communities;
AND WHEREAS the Constitution seeks t o -
* heal these divisions of the past;
* establish a non-racial and non-sexist society based on democratic values,
* promote equality;
* promote respect for, and the protection of, the rights of cultural, religious and
linguistic communities; and
* promote unity in our diversity;
social justice and fundamental human rights;
AND WHEREAS the Constitution has created a range of institutional mechanisms to
ensure the stability of the democratic order, including a Commission for the Promotion
and Protection of the Rights of Cultural, Religious and Linguistic Communities;
AND WHEREAS theC ommission in fulfilling its constitutional task shoupllda y a key
role in assisting with the building of a truly united South African nation bound by a
common loyalty to our country and all our people;
BE IT THEREFORE ENACTED by the Parliament of the Republic of South Africa, as follows:-
PART 1: INTERPRETATION AND ADMlNlSTRlTlON OF ACT
Definitions
1. In this Act, unless the context indicates otherwise- 5
4 No. 23616 GOVERNMENT GAZETTE, 30 JULY 2002
Act No. 19,2002 COMMISSION FOR THE PROMOTION AND PROTECTION OF
THE RIGHTS OF CULTURAL, RELIGIOUS AND LINGUISTIC COMMUNITIES ACT, 2002
"Commission" means the Commission for the Promotion and Protection of the
Rights of Cultural, Religious and Linguistic Communities referred to in section 3;
"community council" means a voluntary association of persons or community
organisations based on the principle of freedom of association and which
represents a cultural, religious or linguistic community and includes a cultural 5
council envisaged by section 185( l)(c) of the Constitution;
"constitutional institution" means an institution listed in Schedule 1 to the Public
Finance Management Act, 1999 (Act No. 1 of 1999);
"Minister" means the member of Cabinet contemplated in section 2;
"national consultative conference" means a national consultative conference 10
convened under section 24;
"organ of state" means an organ of state as defined in section 239 of the
Constitution;
"prescribe" means prescribe by a regulation made in terms of section 39;
"this Act" includes any regulation made in terms of section 39. - 15
Administration of Act
2. This Act is administered by a member of the Cabinet designated by the President.
PART 2: STATUS, OBJECTS, POWERS AND FUNCTIONS OF COMMISSION
Status of Commission
3. The Commission for the Promotion and Protection of the Rights of Cultural, 20
Religious and Linguistic Communities referred to in section 181(l)(c) of the
Constitution-
(a) is independent;
(b) is a juristic person; and
(c) must be impartial and must exercise its powers and perform its functions 25
without fear, favour or prejudice.
Objects of Commission
4. The objects of the Commission are-
(a) to promote respect for and further the protection of the rights of cultural,
religious and linguistic communities; 30
(b) to promote and develop peace, friendship, humanity, tolerance and national
unity among and within cultural,r eligious and linguistic communities, ont he
basis of equality, non-discrimination and free association;
(c) to foster mutual respect among cultural, religious and linguistic communities;
(d) to promote the right of communities to develop their historically diminished 35
(e) to recommend the establishment or recognition of community councils in
heritage; and
accordance with section 36 or 37.
Powers and functions of Commission
5. (1) The Commission may do all that is necessary or expedientt o achieve' itos bjects 40
referred to in section 4, including to-
(a) conduct information and education programmes to promote public under-
(b) conduct programmes to promote respect for and further the protection of the
(c) assist in the development of strategies that facilitate the full and active
participation of cultural, religious and linguistic communities in nationbuilding
in South Africa;
(d) promote awareness among the youth of South Africa of the diversity of
cultural, religious and linguistic communities and their rights; 50
(e) monitor, investigate and research any issue concerning the rights of cultural,
religious and linguistic communities;
standing of the objects, role and activities of the Commission;
-. rights of cultural, religious and linguistic communities; 45
6 No. 23676 GOVERNMENT GAZETTE, 30 JULY 2002 '
Act No. 19,2002 COMMISSION FOR THE PROMOTION AND PROTECTION OF
THE RIGHTS OF CULTURAL, RELIGIOUS AND LINGUISTIC COMMUNITIES ACT, 2002
(2) Thc
(4
educate, lobby, advise and report on any issue concerning the lights of
cultural, religious and linguistic communities;
facilitate the resolution of friction between and within cultural, religious and
linguistic communities or between any such community and an organ of state
where the cultural, religious or linguistic rights of a community are affected; 5
receive and deal with requests related to the rights of cultural, religious and
linguistic communities;
make recommendationst o the appropriate organ of state regarding legislation
that impacts, or may impact, on the rights of cultural, religious and linguistic
communities;
establish and maintain databases of cultural, ieligious and linguistic cornunity
organisations and institutions and experts on these communities; and
bring any relevant matter to the attention of the apprcpriate authority or organ
of state, and, where appropriate, make recommendations to such authority or
organ of state in dealing with such a matter.
5 Commission may, in order to perform its functions properlydetermine
its own staff establishment and the terms and conditions of
employment for its staff within a policy framework determined by the
Minister;
appoint employees and seconded personnel to posts on its staff establishment; 20
obtain the services of any person by agreement or appropriate arrangement,
including the services of any national or provincial department or functionary
or iny institution, to perform any specific task or function;
acquire or dispose of any right in or to property, but ownershipn immovable
property may be acquired odri sposed of only witht he consent of the Minister; 25
open and operate its own bank accounts, subject to the Public Finance
Management Act, 1999 (Act No. 1 of 1999);
insure itself against any loss, damage, risk or liability;
perform legal acts, or institute or defend any legal action in its own name;
engage in any lawful activity, whether alone or together with any other 30
organisation in the Republic or elsewhere, aimed at promoting the objects of
the Commission;
interact and co-operate with foreign institutions performing similar functions
to those of the Commission; and
do anything that is incidental to the performance of its functions. 35
10
15
Cooperation between Commission and othceor nstitutionali nstitutions and organs
of state
6. (1) The Commission may-
(a) make appropriate arrangements with another constitutional institution or an
organ of state to assist the Commission in the performance of any of its 40
funetions in so far as such institution or organ has the power to assist the --
Commission; and
(b) delegate to a constitutional institution or organ of state with which it has made
arrangements any of its powers that may be necessary for the rendering of the
agreed assistance. 45
(2) The Commissionm ust co-operate with other constitutional institutions and organs
of state where the functions of the Commission overlap with those of such other
constitutional institutions or organs of state.
(3) The Commission may in terms of section 185(3) of the Constitution report any
matter that falls within its functions and powers to the South African Human Rights 50
Commission for investigation.
Investigations by Commission orin vestigating committee
7. (1) The Commission may conduct an investigation in terms of section 5 ( l)(e) itself
or mayd esignate one or moreC ommission memberso r other persons as ainv estigating
committee to conduct the initvse s tiogna tion behalf. 55
(2) For purposes of an investigation, the Commission or an investigating committee
may-
..
8 No. 23676 GOVERNMENT GAZETTE, 30 JULY 2002
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Act No. 19,2002 COMMISSION FOR THE PROMOTION AND PROTECTION OF
THE RIGHTS OF CULTURAL, RELIGIOUS AND LINGUISTIC COMMUNITIES ACT, 2002
(a) by notice in writing summon a person to appear before theC ommission or the
committee, as the case may be-
(i) to give evidence; or -
(ii) to produce a document available to that person and specified in the
summons; 5
(b) call any person present at a meeting, whether summoned or not-
(i) to give evidence before the Commission or committee, as the case may
(ii) to produce a document in that person's custody at the meeting;
(c) administer an oath or solemn affirmation to a person contemplated in 10
paragraph (b);
(d) question any person contemplated in paragraph (c) or have such a person
questioned by a person designated by the Commission or committee, as the
case may be; and
(e) retain for a reasonable period a document produced in terms of paragraph 15
(b)(ii).
b e ; or
(3) If an investigating committee has been appointed to conduct an investigation on
behalf of the Commission, the committee must report and make recommendations to the
Commission in respect of the investigation at the completion of the investigation.
Reporting by Commission 20
8. (a)T he Commissionm ust report annually tot he National Assemblyo n its activities
(b) Copies of the report referred to in paragraph (a) must also be distributed to persons
and the performance of its functions.
and institutions referred to in section- 261( ).
PART 3: COMPOSITION AND MEMBERSHIP OF COMMISSION 25
Composition
9. (1) The Commission consists of-
(a) a Chairperson appointed by the President in terms of section 12; and
(6) no fewer than 11 and no more than 17 other members appointed by the
President in accordance with the procedure set out in section 11. 30
(2) The President-
(a) must determine the number of members to be appointed to the Commission in
terms of subsection (l)(b), but may, when appointing memberfso r a new term
of the Commission, increase the number so determined after the names of the
selected persons have been submitted in terms of section 11(3)(d); and 35
(b) may alter the numbgrd etermined in terms of paragraph (a) from time to time,
but may reduce then umber only when appointing members for a new term of
the Commission.
(3) The Commission must be composed in such a way that it-
(a) is at least broadly representative of the main cultural, religious and linguistic 40
(b) broadly reflects the gender composition of South Africa; and
(c) collectively possesses sufficient knowledge and experience concerning issues
communities in South Africa;
relevant to-
(i) the promotion and protection of the rights of cultural, religious and 45
(ii) nation-building.
linguistic communities; and
Qualifications for membership .
10. (1) A member of the Commission must-
African So(uat)h be a citizen; 50
(b) be a fit and proper person to hold officea s a member of the Commission; and
(c) subscribe to the objects of the Commission set out in section 4.
10 No. 23676 GOVERNMENT GAZETIE, 30 JULY 2002
Act No. 19,2002 COMMISSION FOR THE PROMOTION AND PROTECTION OF
THE RIGHTS OF CULTURAL, RELIGIOUS AND LINGUISTIC COMMUNITIES ACT, 2002
(2) The followingp ersons are disqualified from becoming ore maining a member of
- (a) Aperson who on any of the grounds set out in section 47( l)(c), (d) or (e) of the
Constitution is not eligible to be a member of the National Assembly;
(b) a person who fails to resign as provided for in section 16(3)(c); 5
(c) a person who has been removed from office in terms of section 17; or
(d) a person who has been convictedo f a crimeo r an offencei n respect of which
a court has determined that hatred based on race, ethnicity, gender or religion
played a role.
the Commission:
Procedure for appointment of members 10
11. (1) Whenever it is necessary to appoint the members- of the Commission
(a) through advertisements in the media, nationally and in each of the provinces,
and, where necessary, by other means, invite organisations or individuals
within the cultural, religious and linguistic Communities of South Africa to
nominate persons complying with section 10 for appointment to the
Commission;
(b) take further steps to invite organisations and individuals within the cultural,
religious and linguistic communities of South Africa to nominate persons
complying with section 10 for appointment to the Commission if the initial
nominations as a result of advertisements or invitations referred to in
paragraph (a) would not meet the requirements of section 9(3);
(c) compile a list of the names of persons nominated in respect of each of the
various cultural, religious and linguistic communities, setting out the
prescribed particulars of each individual nominee; and
(d) appoint a selection panel consisting of persons who command public respect
for their fair-mindedness, wisdom and understanding of issues concerning
South African cultural, religious and linguistic communities.
(2) Any nomination made pursuantto an advertisement in terms of subsection (l)(a)
contemplated in section 9(l)(b), the Minister mustor
an invitation in terms of subsection (I)@) must be supported by-
(a) the personal details of the nominee;
(b) particulars of the nominee's involvement in cultural, religious and linguistic
affairs, including al ist of the cultural, religious and linguistic organisations of
which that nominee is a member, an office-bearer or in which that nominee is
an active participant;
(c) particulars of the nominee's knowledge and experience concerning issues
relevant t o -
(i) the promotion and protection of the rights of cultural, religious and
(ii) nation-building; andlinguistic
communities; and
(d) any other infornlation that may be prescribed.
(a) select persons who qualify to be members of the Commission and who would
(b) select persons whose appointment would meet the requirements of section
(c) select from the list compiled in terms of subsection (l)(c) at least one and a
(3) The selection panel must-
- - be most suited to serve on the Commission;
9(3);
half times the number of members to be appointed as a result of-
(i) a new term of the Commission;
(ii) an increase in the number of members contemplated in section 9( l)(b); or
(iii) a vacancy; and
(d) submit the names of the selected persons to the President together with
reasons why they were selected.
(4) The President must-
(0) appoint the members of the Commission from the names of the selected
persons submitted in terms of subsection (3)(d); and
(b) comply with section 9(3) when making the appointments.
15
20
25
30
35
40
45
50
55
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Act No. 19,2002 COMMISSION FOR THE PROMOTION AND PROTECTION OF
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Chairperson
12. (1) The President must appoint a member of the Commission or another person
satisfying the qualifications set out in section 10 as the Chairperson of the Commission.
(2) The person appointed as the Chairperson of the Commission must be a fit and
to p erson proper 5
(3) The President may appoint a Deputy Chairperson from the ranks of the
Commission.
Term of Commission
13. (1) The term of the Commission is five years.
(2) The Chairperson and the other members of the Commission are appointed for one 10
term of the Commission, but may be reappointed at the end of that term for one further .
term only.
(3) If the number of members contemplated in section 9(l)(b) is increased during a
term, the additional member or members are appointed for the remaining part of the
current term. 15
Conditions of appointment
14. (1) The Minister, witht he concurrence of theM inister of Finance, determinest he
conditions of appointment of the Chairperson, the Deputy Chairperson and the other
members of the Commission, taking into account the conditions of appointment of
members constitutional institutions. 20
(2) The members of the Commission are appointed in a part-time capacity, but the
Chairperson, Deputy Chairperson and not more than three other members may be
appointed in a full-time capacity.
Conduct of members
of1 5m. e( 1m)b Ae r the Commission- 25
must perform the functions of office-
(i) in the spirit of furthering peace, friendship, humanity, tolerance and
national unity among and within cultural, religious and linguistic
communities, on the basis of equality, non-discrimination and free
association; 30
~~
(ii) in good faith; and
(iii) without fear, favour or prejudice;
must disclose to the Commission any personal or private business interest
which that member or that member's spouse, partner or close family member
may have in any matter before the Commission, and must withdraw from the 35
proceedings of the Commission when that matter is considered, unless the
Commission decides that the member's interest in the matter is trivial or
irrelevant;
may not use the position or privileges of a member for private gain or to
andi mpr ope bpreleynr;es foint another 40
may not act in any other way that compromises the credibility, impartiality,
independence or integrity of the Commission.
(2) Any member of the Commission who contravenes or fails to comply with
subsection (1) is guilty of misconduct.
Termination of membership 45
16. (1) A person ceases to be a member of the Commission when that person-
(a) is no longer eligible in terms-of section 10 to be a member;
(b) resigns; or
(c) is removed from office in terms of section 17.
(2) A member may resign after giving at least three months notice in writing to the 50
(3) A member is regarded as having resigned if that member-
President, but the President may accept a shorter period in a specific case.
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Act No. 19,2002 COMMISSION FOR THE PROMOTION AND PROTECTION OF
THE RIGHTS OF CULTURAL, RELIGIOUS AND LINGUISTIC COMMUNITIES ACT, 2002
(a) accepts nomination for the National Assembly, the National Council of
(b) is appointed as an office bearer of a political party; or
(c) is an office bearer of a political party, a member of the National Assembly, a
permanent delegate to the National Council of Provinces, a member of a 5
provincial legislature or a member of a municipal council and fails to resign
from such office within 30 days of having been appointed as a member of the
Commission.
Provinces, a provincial legislature or a municipal council;
Removal from office
17. (1) A member of the Commission may be removed from office, but only if a 10
committee of the National Assembly findtsh e member guilty of misconduoctr rules that
the member is incompetent or incapable of performing a member's functions, and the
National Assembly, in accordance with section 194(2)(b) of the Constitution, adopts a
resolution calling for that member's removal from office.
(2) The President- 15
(a) may suspend a member of the Commission from office at any time after the
start of the proceedings of a committee of the National Assembly for the
removal of that member; and
(b) must remove the member from office upon adoptionth eb yN ational Assembly
of the resolution calling for that member's removal. 20
Filling of vacancies
18. (1) In the event of a vacancy occurring in the office of-
(a) Chairperson, the vacancy is filled by the President in terms of section 12; and
(b) a member contemplated in section 9( l)(b), the vacancy is filled by following
(2) Any person appointed to fill a vacancy holds office for the unexpired portion of the
the procedure contemplated in section 11. 25
vacating member's term.
PART 4: OPERATION OF COMMISSION
Meetings
19. (1) The Chairpersono f the Commission decidesw hen and wheret he Commission 30
meets, but must convene a meeting within 30 days after the receipt of a request
supported by a majority of the members to convene a meeting of the Commission.
(2) The Commission must meet at least quarterly.
(3) The Chairperson or, in the absence of the Chairperson, the Deputy Chairperson
presides at meetings of the Commission, but if both are absent from a meeting, the 35
members present must elect another member to preside at the meeting.
Procedures
20. The Commission may determine its own procedure, with due regard to the
principles of transparency.
Decisions 40
21. (a) The Commission must take decisions in a consensus-seeking manner that
gives effect to the principle of unity in diversity as reflected in the Constitution.
(b)I f the Commission fails to reach consensuos n a question beforet he Commission,
a decision onth e question cano nly validly be takenb y a supporting vote of at least the
majority of the total number of the members of the Commission. 45
Committees
22. (1) The Commission may16
No. 23676 GOVERNMENT GAZETTE, 30 JULY 2002
Act No. 19,2002 COMMISSION FOR THE PROMOTION AND PROTECTION OF
~ ~ ~ ~~ ~~~
THE RIGHTS OF CULTURAL, RELIGIOUS AND LINGUISTIC COMMUNITIES ACT, 2002
(a) establish oneo r more committeecso nsisting of members onlyo r members and
staff or other persons, to assist the Commission in the performance of its
functions; and
(b) dissolve a committee at any time.
. (2) The Commission- 5
(a) must determine the functions of a committee;
(b) must appoint a member of a committee as the chairperson of the committee;
(c) may remove a member of a committee at any time; and
(d) may determine a committee's procedure.
Delegation of powers and assignment of duties 10
23. (1) The Commission mav- (a) ' delegate any of the dommission's powers to-
(i) a member of the Commission;
(ii) a member of the Commission's stae or
(iii) a committee of the Commission; and 15
(b) assign the performance of any of the Commission's duties to any such
member, staff member or committee.
(2) A delegation or assignment in terms of subsection (1)-
(a) is subject to such conditions and directions as the Commission may impose;
(b) does not divest he Commission of responsibility for the exercise of the power
(3) The Commission may confirm, varyo r revoke any decision taken in consequence
of a delegation or assignment, but no variation or revocation of a decision may detract
from any rights that may have accrued as a result of the decision. 25
and 20
or the performance of the duty.
PART 5: NATIONAL CONSULTATIVE CONFERENCE
Convening
24. (1) (a) The Commission must convene two national consultative conferences
during every term of the Commission, the first of which mustt ake place withinth e first
mon othf1 s2 t erm new of a the Commission. 30
(b) The Minister must be consulted if the Commission needs to convene more than
two national consultative conferences during a particular term of the Commission.
(2) The Commission may generate funding for a national consultative conference in
addition to money appropriated for that purpose by Parliament.
Purpose 35
25. The purpose of a national consultative conference is to provide a forum for-
(a) the consideration of-
(i) a report by the Commission on its activities, accomplishments and
(ii) any rethceo m meonf dations Commission; 40
(i) the promotion of respect for and the furthering of the protection of the
(ii) the furthering of peace, friendship, humanity, tolerance and national
challenges; and
(b) the evaluation of progress in South Africa with regard t o -
rights of cultural, religious and linguistic communities; and
unity among and within cultural, religious and linguistic communities, 45
on the basis of equality, non:discrimination and free association;
(c) the formulation of requests and recommendations to the Commission
(d) the discussion of resolutions before the conference concerning requests to,
(e) promoting appreciation €or cultural, religious and linguistic diversity.
Concerning matters mentioned in paragraph (b)(i) or (ii);
and priorities for, the Commission; and 50
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Act No. 19,2002 COMMISSION FOR THE PROMOTION AND PROTECTION OF
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THE RIGHTS OF CULTURAL, RELIGIOUS AND LINGUISTIC COMMUNITIES ACT, 2002
Composition
26. (1) A national consultative conference may comprise such persons as the
Commission may invite, but must include-
(a) members of the Commission;
(b) delegates from cultural, religious and linguistic communities; 5
(c) delegates from every community council recognised in terms of section 37;
(d) delegates from the National House of Traditional Leaders, the South African
Human Rights Commission, the Pan South African Language Board, the
Commission on Gender Equality and the National Youth Commission;
(e) delegates from the national government designated by the Minister; 10
(f) delegates from each provincial government designated by the Premier of the
(g) delegates designated by organised local government.
(a) through advertisements in the media, nationally and in each of the provinces, 15
invite cultural, religious and linguistic communities to nominate delegates
representing those communities to a national conference;
(b) take further steps to invite organisations and individuals in order to ensure
broad representation in respect of delegates referred to in subsection (l)(b).
province concerned; and
(2) The Commission must-
(3) The Commission, after consultation with the Minister, may- 20
(a) determine the maximum number of delegates to a national consultative '
(b) determine the maximum number of delegates that may be designated or
conference; and
invited in terms-of subsection (l)(d), (e), (f) and (g).
(4) The number of delegates designated or invited in terms of subsection (l)(d), (e), 25
(f) and (g) may not exceed one-third of the maximum number of delegates to a national
consultative conference.
(5) Any institution or body sending delegates to a conference must give due
consideration to gender balance in the selection of delegates.
Procedures 30
27. The Commission determines-
(a) the agenda of a national consultative conference; and
(b) the procedures to be followed at a national consultative conference, but the
person presiding at a session of a conference may give a ruling on any matter
ari3s5e s emssaiyo n . thtahta t during
Chairperson
28. The Chairperson of the Commission-or, in the absence of the Chairperson, the
Deputy Chairperson or another member of the Commission elected by the Commission,
presides at any session of a national consultative conference.
Resolutions 40
* -
29. The person presiding at a session of a national consultative conference must
submit any resolution adopted by the conference to the Commission for consideration.
PART 6: ADMINISTRATIVE AND FINANCIAL MATTERS -
Appointment of chief executive officer
.-
30. (1) The Commission must appoint a person as the chief executive officer Of the 45
Commission.
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(2) The chief executive officer holds office-
(a) for an agreed term not exceeding five years, but which may be renewed;
(b) subject to the terms and conditions applicable generally to employees of the
(c) on the terms and conditions set out in a written employment contract which 5
Commission; and
must include terms and conditions setting performance standards.
Functions of chief executive officer
31. (1) The chief executive officer is the accounting officer of the Commission.
(2) The chief executive officer is responsible for-
(a) the formation and development of an efficient administration;
(b) the organisation, control and management of all staff, including persons
(c) the maintenance of discipline in respect of the staff and
(d) the carrying out of the decisions of the Commission.
(a) all income and expenditure of the Commission;
(b) all the Commission's assets and the discharge of all the liabilities of the
(c) proper and diligent compliance with the Public Finance Management Act,
10
seconded to the Commission from any organ of state;
(3) As accounting officer the chief executive officer is responsible for- 15
Commission; and
1999 (Act No. 1 of 1999). 20
Conditions of employmento f employees
32. (1) An employee of the Commission is employed subject to the terms and
conditions of employment determined by the Commission.
(2) The termsa nd conditions must comply withth e basic values andp rinciples set out
of 195 in section the Constitution. 25
(3) Persons in the public service or other state institutions seconded to the
Commission must perform their functions under the control and directions of the chief
executive officer of the Commission.
Pension rights
33. (1) Any person appointed as an employee of the Commission may become a 30
member of the Government Employees' PensionF und contemplatedi n section 2 of the
Government Employees' Pension Law, 1996 (Proclamation No. 21 of 1996).
(2) An employee of the Commission who becomes a member of that pension fund is
entitled to pension and retirement benefits aisf that person were an official in the public
service. 35
Funding
34. (1) The Commission is entitled to money appropriated annually by Parliament to
(2) For purposes of subsection (l), the Commissionenable
it to perform its functions effectively.
(a) must submit to the Minister during each financial year, but before a date set by 40
the Minister, estimates of the Commission's income and expenditure for the
next financial year; and
(b) may submit to the Minister at anyt ime during afi nancial yeare stimates of the
Commission's income and expenditure supplementary to those mentioned in
paragraph (a). 45
(3) The Commissionm ay seek to acquirgei fts, donations or sponsorshipst o assist the
Commission with the achievement of its objects, but such gifts, donations or
sponsorships must be dealt with in accordance with the Public Finance Management
Act, 1999 (Act No. 1 of 1999), and any regulations and instructions made and issued
under that Act. 50
(4) When submitting the estimates the Commission musdti sclose, in accordance with
the Public Finance Management Act, 1999., full particulars of any income that has
22 No. 23616 GOVERNMENT GAZETTE, 30 JULY 2002
~
Act No. 19,2002 COMMISSION FOR THE! PROMOTION AND PROTECTION OF
THE RIGHTS OF CULTURAL, RELIGIOUS AND LINGUISTIC COMMUNITIES ACT, 2002
accrued, or is expected to accrue, to the Commission from a source other than an
appropriation by Parliament.
(5) The Commission must refund to-the National Revenue Fund any money paid to
the Commission in terms of subsection (1) that has not been usedat the end ofa financial
uyoneatl her s,e sr wise abgyr eteod the Minister of Finance. 5
Audit
35. The Auditor-General must audit the accounts and financial records of the
Commission.
PART 7: COMMUNITY COUNCILS
Recommendation of establishment of community councils 10
36. (1) Persons belonging to a cultural, religious or linguistic community may form,
join and maintain cultural, religious and linguistic associations and other organso f civil
society as envisaged in section 31 of the Constitution.
(2) The Commission may recommend to a community, which is not organised, to
initiate and establish a community council at a provincial or national level if the 15
establishment of such a council would be conducivtec +
(a) the promotion and protection of the rights of such a community; and
(6) the promotion and development of peace, friendship, humanity, tolerance and
national unity among and within the different communities in South Africa.
councils R coemcomgnuintitoyn of 20
37. (1) A community council envisaged in section 36( 1) or (2) may, in the prescribed
(2) The Commission may in writing recognise a community council for purposes of
(3) A community council recognised in terms of subsection (2) may apply to the 25
manner, apply to the Commission for recognition.
participation in a national consultative conference and section 38.
Commission or any other organ of state for financial assistance.
Aims of community councils
38. (1) The aims of a community council recognised in terms of section 37 should be
t o -
(a) preserve, promote and develop the culture, religion or language of the 30
(b) advise the Commission on, anda ssist the Commissioni n, matters concerning
community for which it is recognised; or
the achievement of the objects of the Commission.
PART 8: MISCELLANEOUS MATTERS
35
39. (1) The State Liability Act, 1957 (Act No. 20 of 1957), applies with the necessary
changes in respect of the Commission, and in any such application a reference in that
Act to theM inister of the department concernedm ust be construed as a referencet o the
Chairperson of the Commission.
good faith when exercising a power or performing a duty in terms of this Act.
(2) No person, including the Commission, is liable for anything done or omitted in 40
Regulations
40. The Minister, after consultation with the Commission, may make regulations
regarding any matter-
(a) that may or must be prescribed in terms of this Act; and 45
(b) that the Minister considers necessary or expedient to prescribe in order that
the objects of the Commission may be achieved.
24 No. 23676 GOVERNMENT GAZETTE, 30 JULY 2002
Act No. 19,2002 COMMISSION FOR THE PROMOTION AND PROTECTION OF
THE RIGHTS OF CULTURAL, RELIGIOUS AND LINGUISTIC COMMUNITIES ACT. 2002
Offences and penalties
41. (1) A person commits an offence if that person-
(a) wilfully disrupts the proceedings of the Commission, or a committee of the
Commission, or a session of a national consultative conference;
(b) wilfully hinders, obstructs or threatens members of the Commission or of a 5
committee of the Commission, or delegates to a national consultative
conference, in the exercise of their powers or the performance of their duties
in terms of this Act;
(c) does anything calculated to influence the Commission or a committee of the
Commission improperly in its consideration of a matter;
(d) after having been summoned in terms of section 7(2)(a) fails-
(i) to be present at a meeting of the Commission or an investigating
(ii) to remain present until excused by the Commission or committee; or
(i) to appear before the Commission or the committee;
(ii) to answer any question; or
(iii) to produce a document specified in the summons, or in that person's
custody at the meeting.
10
committee at the time and place specified in the summons; or
(e) after having been called in terms of section 7(2)(b) refuses- 15
(2) Any person convicted of an offence in terms of subsection (1) is liable to a fine or 20
to imprisonment for a period not exceeding one year, or to both a fine and such
imprisonment.
Short title and commencement
42. This Act is called the Commission for the Promotion and Protection of the Rights
of Cultural, Religious and Linguistic Communities Act, 2002, and takes effect on a date 25
determined by the President by proclamation in the Gazette.